Bruce et al v. Wilson, et al
Filing
10
ORDER. ORDERED that Mr. Pinson is dismissed from this action. The Clerk of the Court is instructed to use ECF Nos 1 and 9 to open a new action on Mr. Pinson's behalf dated February 25, 2013. Mr. Bruce is directed to file an Amended Comp laint in this action that asserts only his claims against named Defendants. If within thirty days of the date of this Order Mr. Bruce fails to comply with this Order and file an Amended Prisoner Complaint the Court will dismiss the action without further notice, by Judge Lewis T. Babcock on 3/21/13. (sgrim)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00491-BNB
ANTOINE BRUCE, and
JEREMY PINSON,
Plaintiffs,
v.
FEDERAL BUREAU OF PRISONS,
A. OSAGIE, and
C. WILSON,
Defendants.
ORDER
This matter is before the Court on Plaintiffs’ Prisoner Complaint filed pursuant to
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, and
28 U.S.C. § 1331. For the reasons stated below, the claims asserted by Plaintiff
Jeremy Pinson against named Defendants will be severed from this action and the
Clerk of the Court will be instructed to open a new case so Mr. Pinson may proceed
separately with his claims.
Although Rule 20 of the Federal Rules of Civil Procedure authorizes the joinder
of parties and claims that present a common question of law or fact, Fed. R. Civ. P. 21
allows the Court on its own, at any time, and on just terms to drop a party.
Rule 20(a) applies and provides as follows:
(1) Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with
respect to or arising out of the same transaction, occurrence, or series of
transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the
action.
Messrs. Pinson and Bruce currently are federal prisoners housed at the United
States Penitentiary-ADX in Florence, Colorado, and claim to have been denied
adequate medical treatment, but the similarities of their claims stop there. Plaintiffs are
challenging the particulars of their own medical treatment. Their claims do not arise out
of the same transaction or occurrence, nor can it be said that there is a common
question of law or fact under these circumstances relating to their individual medical
concerns. Therefore, the Court will order Plaintiffs’ claims severed and a new action
opened on behalf of Mr. Pinson as of the date this case was filed. Accordingly, it is
ORDERED that Mr. Pinson is dismissed from this action. It is
FURTHER ORDERED that the Clerk of the Court is instructed to use ECF Nos. 1
and 9 to open a new action on Mr. Pinson’s behalf dated February 25, 2013. It is
FURTHER ORDERED that Mr. Bruce is directed to file an Amended Complaint
in this action that asserts only his claims against named Defendants. It is
FURTHER ORDERED that the Court-approved prisoner complaint forms are
available (with the assistance of a case manager or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov for use in amending this
Complaint. It is
FURTHER ORDERED that if within thirty days of the date of this Order Mr. Bruce
fails to comply with this Order and file an Amended Prisoner Complaint the Court will
dismiss the action without further notice.
DATED at Denver, Colorado, this
21st
day of
March
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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